JUDGEMENT

S.B. Civil Miscellaneous Appeal No. 1571/2016

1. This appeal has been preferred by the ICICI Lombard General Insurance Company Ltd. under Section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as ‘the Act’) praying dismissal of the claim petition by setting aside award dated 14.01.2016 passed by MACT, Khetri, District Jhunjhunu in claim case No. 75/2010.

S.B. Civil Miscellaneous Appeal No. 1275/2016

2. This appeal has been preferred by the claimants/appellants under Section 173 of the Motor Vehicles Act, 1988 praying enhancement in the award dated 14.01.2016 passed by the Presiding Officer, Motor Accident Claims Tribunal, Khetri, District- Jhunjhunu, in claim case No. 75/2010 titled as Anita Devi & ors. vs. Sandeep and ors. whereby the learned Tribunal has awarded compensation of Rs. 6,39,670/- in favour of appellants-claimants along with interest @ 6% per annum on account of death of Shri Virendra @ Veeru.

Since, both the appeals have arisen out of same award, hence, for the sack of convenience at the request of both the counsel, above appeals are being decided by the single judgment.

3. The necessary facts for disposal of the appeals are that on 29.01.2010 at